Federal Court of Australia
DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL
Flynn v Chief of Army [2010] ADFDAT 1 Citation: Flynn v Chief of Army [2010] ADFDAT 1
Appeal from: General Court Martial
Parties: MICHAEL PAUL FLYNN v CHIEF OF ARMY
File number(s): DFDAT 3 of 2009
Members: TRACEY J (PRESIDENT), WHITE J (DEPUTY PRESIDENT) & MILDREN J (MEMBER)
Date of judgment: 11 June 2010
Catchwords: DEFENCE AND WAR – appeal against service conviction by General Court Martial on ground that conviction unsafe or unsatisfactory – defences of involuntary intoxication and honest and reasonable mistake pursuant to Criminal Code 1995 (Cth) clearly raised by the evidence – only defence of honest and reasonable mistake raised at trial - submissions invited on question of involuntary intoxication on appeal – prosecution did not discharge onus of proof beyond reasonable doubt – whether appellant was conformably charged with offence under the Defence Force Discipline Act 1982 (Cth) ("the Act") – proper construction of procedural steps pursuant to s 87 of theAct to be taken in charging person with service offence – powers of Director under the Act to be widely construed - intention of Act to grant independent statutory discretion to Director in prosecuting service offences – appellant charged conformably with the Act
Legislation: Criminal Code Act 1995 (Cth) ss 4.1, 4.2, 8.1, 8.5, 9.2 Defence Force Discipline Appeals Act 1955 (Cth) s 23 Defence Force Discipline Act 1982 (Cth) ss 3, 10, 32, 87, 95, 103, 105A-111, 146, 188GA Defence Legislation Amendment Act 2005 (No 2) (Cth) Defence Force Legislation Amendment Act 2006 (Cth) Defence Force Legislation Amendment Act 2007 (Cth) Director of Public Prosecutions Act 1983 (Cth) Director of Public Prosecutions Act 1990 (ACT) Evidence Act 1995 (Cth) ss 87, 184 Explanatory Memorandum for the Defence Legislation Amendment Bill (No 2) 2005, paras 5, 17, 18, 21 Explanatory Memorandum for the Defence Legislation Amendment Bill 2007, para 133 Military Justice (Interim Measures) Act (No. 1) 2009 (Cth)
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